This document summarizes key policy updates and outlooks related to TESOL. It discusses the transition to a new US Congress and administration in 2017, as well as education policies like ESSA, WIOA, and immigration. Key points include changes to Title funding under ESSA and WIOA, new ESSA provisions and timelines, shifts from NCLB, and resources developed to support implementation of the new laws benefitting English learners. The outlook discusses uncertainty surrounding the new administration and leadership transitions at the Department of Education in 2017.

1. TESOL Policy Update and Outlook
– What’s Next?
John Segota, CAE
Associate Executive Director for Public Policy & Professional Relations
2016 WATESOL Workshop

2. Overview
• 114th & 115th Congress
• Leadership Transition
• Education Policy
– Federal Budget
– ESSA
– WIOA
– Immigration

3. 114th Congress
House of
Representatives
– 247 Republicans
– 188 Democrats
Senate
– 54 Republicans
– 44 Democrats
– 2 Independents

4. 115th Congress
House of
Representatives
– 241 Republicans
– 194 Democrats
Senate
– 52 Republicans
– 46 Democrats
– 2 Independents

5. U.S. Department of Education
• John B. King, Jr. – Secretary of Education
• Johan Uvin – Acting Deputy Assistant Secretary, Voc. & Adult Ed.
• Libia Gil – Assistant Deputy Secretary and Director, OELA

6. Presidential Transition
• Transition team review
• Nominees for top-level positions
• New member orientation (Congress)
November
• Lame-duck session (Congress)
• Nominees for top-level positionsDecember
• 115th Congress sworn in
• President takes oath of office
• Orientation for agency heads
January

7. Education Policy Leadership - 2017
• Betsy DeVos – Nominee for U.S. Secretary of Education
• Rep. Virginia Foxx (R-NC) – Incoming Chair, House
Education and Workforce Committee

8. Federal Budget Process
Budget Proposal
February
Budget Resolution
17 Appropriations Bills
(Labor-HHS-Education)
President’s
Signature
By September 30

9. FY2017 ED Budget Proposal
FY2016 FY2017 Budget
Request
Title I - ESSA $14.9 billion $15.4 billion
Title III -
ESSA
$737 million $800 million
Title II - WIOA $596 million $607 million
FY 2017 - Continuing Resolution through Dec. 9, 2016
Second Continuing Resolution through April 28, 2017

10. Every Student Succeeds Act (ESSA)
• Reauthorizes the Elementary and Secondary
Education Act (ESEA)
• Replaces the No Child Left Behind Act of 2001
(NCLB)
• Signed into law
December 2015

11. ESSA Timeline
2015 2016 2017 2018* 2019
December 2015:
President signed
ESSA into law
August 1, 2016:
ESEA waivers expired
October 1, 2016:
competitive programs
March & July 2017:
State Title I Plans are
due to ED
2017-2018 Transition
Year
July 1, 2017:
Formula Funds
2017-2018*:
Full Implementation?
*ED is under pressure to
move start date from
2017-2018 to 2018-2019
school year

12. Every Student Succeeds Act (ESSA)
Legislation Regulation
Rulemaking

13. ESSA Regulations
• Title I: Accountability and State Plans
(Final Regulations 11/30/16)
• Title I: Academic Assessments: Negotiated Rulemaking
(comments closed 9/9/16)
• Title I: Part B: Innovative Assessment Demonstration
Authority (Pilot) (comments closed 9/9/16)
• Title I: Supplement Not Supplant (comments closed 11/7/16)
• ED has issued non-regulatory guidance:
• Title II
• Title III
• Title IV

14. Shifts from NCLB / ESEA Waivers
• No requirement for states to implement teacher
evaluation systems and/or link results to student test
scores.
• Migrates many previous Title III requirements to Title I.
• Adequate Yearly Progress (AYP) and Highly Qualified
Teacher (HQT) eliminated.
• Shifts focus from “college and career readiness” to all
children receiving “high-quality education” to close
achievement gaps.

15. New ESSA Provisions
• States must adopt EL proficiency standards that are aligned
with state academic standards.
 Previously English language proficiency accountability part of Title
III in NCLB.
• New comprehensive birth-grade 12 literacy program - Literacy for All,
Results for the Nation (LEARN) authorized.
• States determine the ‘evidence-based’ interventions to implement in
lowest performing schools. Districts determine interventions [and timing]
when subgroups lag behind.
• State report cards require substantial, easy to understand information
for the public (including parents).

16. ESSA Title III
• Title III, Part A formula grant maintained
• After consultation with LEAs representing the geographic
diversity of the state, States must establish and implement
standardized EL entrance and exit procedures. NEW
• Any student who might be an EL must be assessed for
status within 30 days of enrollment. NEW
• SEAs may use 5% of Title III funds that is set-aside for
state-level activities to support status assessment. NEW

17. Reporting Requirements for ELs
States must:
• Report the number and percentage of ELs meeting standards including
4 years after no longer receiving Title III services. Reports must include
specific category for ELs with a disability.
• The number and percentage of ELs that have not reached proficiency
within 5 years.
• Must report on the academic performance of ELs, long-term ELs and
ELs with special needs.
States’ implementation challenge
Each State will determine its own policies, practice and criteria for
reclassifying EL students. Could include home-language surveys, EL
Classification- Screener/ Placement tests, etc.

18. Questions for State Plans
• What elements will my State consider in setting long-term goals
and determining what is meant by a “measure of progress?
• Does “making progress in achieving English language
proficiency” include the number of students reaching proficiency?
• Inclusion of former English learners provides a long-term picture
of how ELs do over time but it also has the potential to mask
performance of current English learners.
• Is disaggregating current and former EL student outcomes
provide a more accurate picture?
• How will SEAs take into account the grade distribution,
geographic distribution and the proportion of newcomers and
long-term ELs in developing their ELP indicator?
• What criteria will our statewide procedure for EL entrance and exit
include?

19. NEW ESSA Resource Kit
English Learners and
ESSA: What Educators
Need to Know
http://www.tesol.org/ESSA

20. OCR/DOJ Dear Colleague Letter
• Issued January 7, 2015
• Single guidance document that addresses
array of federal laws governing schools’
obligations to ELs
• Distributed to states
• Available online at
http://1.usa.gov/1Dl9Wt0

21. English Learner Toolkit
Chapters include:
– Staffing and Support
– Creating an Inclusive
Environment
– Ensuring Meaningful
Communication
with EL Parents
– Updated for ESSA
Available online at
http://1.usa.gov/1exU0tO

22. Supporting Undocumented Youth
Includes:
– An overview of the rights of
undocumented students
– Tips for educators on how to support
undocumented youth in high school
and college
– Financial Aid information
– Information on federally-funded adult
education programs at the local level
Available online at
http://1.usa.gov/1XGgw59

23. Newcomer Toolkit
Toolkit for all staff who work
directly with immigrant students
and their families, including
asylees and refugees.
Available online at
http://bit.ly/2fi1G5d

24. Adult Education
Workforce Innovation and Opportunity Act
(WIOA)
– Signed into law July 22, 2014
– Reauthorizes and replaces the Workforce Investment
Act of 1998 (WIA)
• Amends the Adult Education and Family Literacy Act (Title II)
– Effective date of implementation July 1, 2015
– State plans and accountability
provisions take effect
July 1, 2016

25. AEFL Activities under WIOA
• Adult education
• Literacy
• Workplace adult education
and literacy
• Family Literacy
• English Language Acquisition
• Integrated English Literacy and Civics Education
• Workplace preparation activities
• Integrated Education and Training

26. English Language Acquisition
• Statue clarifies multiple components of ELA that
leads to GED and transition to postsecondary
education or employment
• This does not preclude those who wish to improve
ELA to improve education of children
– Any eligible participant can participate, regardless of whether
they are pursuing GED, postsecondary, or employment
– Those individuals do count against performance
accountability
– ”That leads to" requirement applies to the program design,
and not the participants

27. “That Leads to” Qualification
1. Program has implemented state adult
education content standards, and that this is
reflected in local program materials
2. Offer educational and career counseling
services that assist eligible individuals to
transition to postsecondary education or
employment
3. Be part of a career pathway

28. Integrated English Literacy / Civics Education
• For all levels of learners
• Must include literacy and ELA and civics
education
• May include workforce training
• States can choose between ELA or IEL/CE
services best meet the needs of learners
• Different from IEL/CE program - separate
grant/set-aside

29. IEL/CE Program
• Set-aside funding under Title II
• Must be combined with IET
• Department intends to be flexible
• Requirement is on the program, but not the
student.
Requirements for providers
• Include instruction in literacy and ELA and civics
• Designed to prepare adult ELLs for in employment
• Integrate with local workforce training

30. DACA and DAPA
• Deferred Action on Childhood Arrivals (DACA)
• Deferred Action for Parents of Americans (DAPA)
• United States v. Texas
– Amicus Brief

31. DACA Recipients
Bar Removal of Individuals who Dream and
Grow our Economy (BRIDGE) Act
– Over 741,000 current DACA recipients
– Bill introduced with bipartisan support
– If enacted, would provide “provisional protected
presence” for DACA recipients
– Would allow DACA-eligible individuals to apply

32. Other Bills
H.R.2794 - SUCCEED Act of 2015
H.R.4643 - FLUENT Act of 2015
H.R.4541 - STAPLER
Act of 2016

33. 2017 TESOL Advocacy & Policy Summit
June 18 - 20, 2017
Hilton Alexandria Old Town
Alexandria, VA

34. TESOL International Association
http://www.tesol.org
E-mail: jsegota@tesol.org
Twitter: @JohnSegota
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